G2/06 - Use of embryos/WARF
"Admissibility of referral (yes)" - "Referral for preliminary ruling by European Court of justice (no) - request not admissible, as no power to make such referral under EPC" - "Rule28(c) (formerly23d(c)) EPC applicable to pending applications filed before it came into force (yes)" - "Rule28(c) (formerly23d(c)) EPC intra vires Article53(a) EPC and in conformity with TRIPS Article27 (yes)" - "Exception to patentability of Rule28(c) (formerly23d(c)) EPC applicable where claimed product could be prepared exclusively by method necessarily involving the destruction of embryos even if method is not explicitly part of claims (yes)" - "In assessing the exception to patentability of Rule28(c) (formerly23d(c)) EPC technical developments after date of filing not of relevance"